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ENRIGHT v. MILWAUKEE SCH. DIRECTORS BD.

No. 82-2158.

118 Wis.2d 236 (1984)

346 N.W.2d 771

Dorothy ENRIGHT, as Special Administrator of the Estate of Heath Enright, Heath Enright, Renee Enright, Joseph Enright and Joseph Enright, Jr., Plaintiffs-Appellants-Petitioners, v. BOARD OF SCHOOL DIRECTORS OF THE CITY OF MILWAUKEE; Diane Clark and Wausau Insurance Companies, Defendants-Respondents, Peggy KENNER, President; Dr. Lee F. McMurrin, Superintendent; and Mr. John J. Peterburs, Secretary Business Manager, Defendants.

Supreme Court of Wisconsin.

Decided April 24, 1984.

Attorney(s) appearing for the Case

For the plaintiffs-appellants-petitioners there were briefs by Robert C. Angermeier and Angermeier & Rogers, Milwaukee, and oral argument by Robert C. Angermeier.

For the defendants-respondents there was a brief by C. Donald Straub, Milwaukee, and oral argument by Mr. Straub.

Amicus curiae brief was filed by William H. Lynch, Milwaukee, for the Wisconsin Civil Liberties Union Foundation, Inc.

STEINMETZ, J.

The issue in this case is whether negligence on the part of an employee of the Board of School Directors of the City of Milwaukee gives rise to a 42 U.S.C. sec. 1983 action for the death of a child attending a Milwaukee public school. There are other issues related to the negligence issue and they will be discussed in the opinion.

This case involves a civil action which alleges common law negligence and deprivation of civil rights. In response...

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